Legal Opinion

People Ex Rel. Moss v. Board of Supervisors

New York Court of Appeals

Decided October 16, 1917PublishedCited by 5 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 26, 1917, which affirmed, on certiorari, a determination of the board of supervisors of Oneida county. The facts, so far as material, are stated in the opinion. The Court of Appeals has no jurisdiction to hear this appeal. (Code Civ.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 26, 1917, which affirmed, on certiorari, a determination of the board of supervisors of Oneida county. The facts, so far as material, are stated in the opinion. The Court of Appeals has no jurisdiction to hear this appeal. (Code Civ. Pro. §§ 190, 191; L. 1917, ch. 290; N. Y. Const, art. 6, § 2; Haroun v. B. E. Light Co., 152 Ñ. Y. 212; People ex rel. v. Barker, 152 N. Y. 417.)

1Opinion of the CourtCollin, J.

The board of supervisors of Oneida county determined in May, 1916, that claims of the relators upon the county were not legal and should not be audited. Those claims were for the costs and expenses of the relator Moss in proceedings before the governor of the state for his removal as sheriff of the county upon charges preferred against him. He was removed by the .governor. The relator O’Connor was his attorney.' The Appellate Division, on certiorari, unanimously affirmed the determination by the order entered May 26, 1917, from which this appeal was taken as of right June 4, 1917.

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2Cases cited2 opinions

  1. Empire State-Idaho Mining & Developing Co. v. HanleySupreme Court of the United States · 1907
  2. City of Cairo v. BrossIllinois Supreme Court · 1881

3Cited by5 opinions

  1. Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
  2. Matter of LevyNew York Court of Appeals · 1931
  3. People Ex Rel. Curtis v. . KidneyNew York Court of Appeals · 1919
  4. Leo v. BarnettAppellate Division of the Supreme Court of the State of New York · 1975
  5. People Ex Rel. Ryan v. LynchNew York Court of Appeals · 1933

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